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  1. #1
    Join Date
    Feb 2006
    Posts
    2

    Default Immigration and H1-B Visa Quotas

    Hi,

    I am currently working voluntarily at a company. The company is not great place to work but they have promised to file for my H1 in april 06. I do not want to work for this co. in the long run but I do want to apply through them in april so that I don't miss out on the quota (i missed last year by 2 days!)

    my question is that if I get a job at another company either while the processing for this company's H1 is ongoing or is completed, but after the visa quota is over then what are my options.
    1. Can I apply for H1 through the new company before october 06? (since my first filing would have locked in my number in the quota)?
    2. or do I have to wait till October and work for this co. before I can apply thru another co?

    Please advise. I want to plan my job search based on what the answer would be.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Immigration and H1-B Visa Quotas

    You may transfer your H1-B after it is approved, but I don't know of a way to effectively transfer the application and I doubt that a second application would be entertained. (Given the possibility of transfer, that really doesn't limit your employment options unless you somehow inspire the applicant to withdraw the application before the visa is issued.) Once your H1-B is approved, have your new employer file an application for its transfer with the USCIS.

  3. #3
    Join Date
    Feb 2006
    Posts
    2

    Default

    Thanks for your reply.

    so what you are saying is that I can apply for a transfer once my H1 is approved, even without waiting till october and getting on the payroll of the current employer?

  4. #4
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    You must be in the H-1B status to transfer to another H-1B - meaning you have to wait till October to file for a new H-1B. Yet, a very quick filing (in October) may present some questions.

    Best regards,

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